Lunacy Acts Amendment Act 1889
| Jurisdiction | UK Non-devolved |
| Citation | 1889 c. 41 |
Lunacy Acts Amendment Act, 1889,
(52 & 53 Vict.) CHAPTER 41.
An Act to amend the Acts relating to Lunatics.
[26th August 1889]
Whereas it is expedient to amend the law relating to lunatics
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, this present Parliament assembled, and by the authority of the same, as follows:
1 Short title, commencement, and extent.
(1)1.—(1.) This Act may be cited as the Lunacy Acts Amendment Act, 1889, and shall come into operation, save as in this Act otherwise expressly provided, on the first day of May one thousand eight hundred and ninety, herein-after referred to as the commencement of this Act.
(2) (2.) Save as in this Act otherwise expressly provided, this Act shall not extend to Scotland or Ireland.
2 Private patients to be received only under order of county court judge, magistrate, or justice.
(1) Subject to the exceptions in this Act mentioned, no person, not being a pauper or a criminal lunatic and not being a lunatic so found by inquisition, shall be received and detained as a lunatic in any asylum, hospital, or licensed house, or as a single patient, unless under a reception order made by a judge of county courts or magistrate, or by a justice of the peace, specially appointed as herein-after provided, having respectively jurisdiction in the place where the lunatic is. No relative of the person applying for an order under this section or of the lunatic, or of the husband or wife of the lunatic, shall be capable of making such order.
(2) (2.) The order shall be obtained upon a private application by petition accompanied by a statement of particulars and by two medical certificates on separate sheets of paper under the hands of two medical practitioners.
3 Petition for order for reception. Form 1.
(1)3.—(1.) The petition shall be presented, if possible, by the husband or wife or by a relative of the alleged lunatic. If not so presented it shall contain a statement of the reasons why the petition is not so presented and of the connexion of the petitioner with the alleged lunatic, and the circumstances under which he presents the petition.
(2) (2.) No person shall present a petition unless he is at least twenty-one years of age and has within fourteen days before the presentation of the petition personally seen the alleged lunatic.
(3) (3.) The petitioner shall in the petition undertake that he will personally, or by some one specially appointed by him, visit the patient once at least in every six months; and the undertaking shall be recited in the order.
(4) (4.) The petition shall be signed by the petitioner and the statement of particulars by the person making the statement.
(5) (5.) One of the medical certificates accompanying the petition shall, whenever practicable, be under the hand of the usual medical attendant if any (being a medical practitioner) of the alleged lunatic. If for any reason it is not practicable to obtain a certificate from such usual medical attendant, the reason shall be stated in writing by the petitioner to the judge, magistrate, or justice to whom the petition is presented, and such statement shall be deemed to be part of the petition.
(6) (6.) No order shall be made upon a petition under this section, unless each of the persons who sign the medical certificates accompanying the petition shall, separately from the other, have personally examined the person to whom the petition relates not more than seven clear days previously to the date of the presentation of the petition.
4 Procedure upon petition for an order for reception. Form 3.
(1)4.—(1.) Upon the presentation of the petition the judge, magistrate, or justice shall consider the allegations in the petition and statement of particulars and the evidence of lunacy appearing by the medical certificates, and whether it is necessary for him personally to see and examine the alleged lunatic; and, if he is satisfied that an order may properly be made forthwith, he may make the same accordingly; or, if not so satisfied, he shall appoint as early a time as practicable, not being more than seven days after the presentation of the petition, for the consideration thereof; and he may make such further or other inquiries of or concerning the alleged lunatic as he may think fit; notice of the time and place appointed for the consideration of the petition (unless personally given to the petitioner) shall be sent to the petitioner by post in a registered letter addressed to him at his address as given in the petition.
(2) (2.) The judge, magistrate, or justice, if not satisfied with the evidence of lunacy appearing by the medical certificates, may, if he shall think it necessary so to do, visit the alleged lunatic at the place where he may happen to be.
(3) (3.) The judge, magistrate, or justice shall have the same jurisdiction and powers as regards the summoning and examination of witnesses, the administration of oaths, and otherwise, as if he were acting in exercise of his ordinary jurisdiction, and shall be assisted, if he so requires, by the same officers, as if he were so acting, and their assistance under this Act shall be considered in fixing their remuneration.
(4) (4.) The petition shall be considered in private, and no one except the petitioner, the alleged lunatic (unless the judge, magistrate, or justice in his discretion otherwise order), any one person appointed by the alleged lunatic for that purpose, and the persons signing the medical certificates accompanying the petition, shall, without the leave of the judge, magistrate, or justice, be present at the consideration thereof.
(5) (5.) At the time appointed for consideration of the petition the judge, magistrate, or justice may make an order thereon or dismiss the same, or, if he shall think fit, may adjourn the same for any period not exceeding fourteen days for further evidence or information, and he may give notice to such persons as he may think fit of the adjourned consideration, and summon any persons to attend before him.
(6) (6.) Every judge, magistrate, and justice, and all persons admitted to be present at the consideration of any petition for a reception order, or otherwise having official cognisance of the fact that a petition has been presented, except the alleged lunatic and the person appointed by the alleged lunatic as aforesaid, shall be bound to keep secret all matters and documents which may come to his or their knowledge by reason thereof, except when required to divulge the same by lawful authority.
5 Dismissal of petition.
(1)5.—(1.) If the petition is dismissed, the judge, magistrate, or justice shall deliver to the petitioner a statement in writing under his hand of his reasons for dismissing the same, and shall send a copy of such statement to the Commissioners, and shall also, where the alleged lunatic is detained under an urgency order, send notice by post or otherwise to the person in whose charge the alleged lunatic is, that the petition has been dismissed.
(2) (2.) Any judge, magistrate, or justice making or refusing a reception order, shall, if so required by the Commissioners, give to them all such information as they may require as to the circumstances under which the order was made or refused.
(3) (3.) The Commissioners may communicate such information as they think proper, on the dismissal of the petition or the release of the alleged lunatic, to him or to any person who may satisfy them that he is a proper person to receive the information.
(4) (4.) If after a petition has been dismissed another petition is presented as to the same alleged lunatic, the person presenting such other petition, so far as he has any knowledge or information with regard to the previous petition and its dismissal, shall state the facts relating thereto in his petition, and shall obtain from the Commissioners at his own expense, and present with his petition, a copy of the statement sent to them of the reasons for dismissing the previous petition, and, if he wilfully omits to comply with this sub-section, he shall be guilty of a misdemeanor.
6 Order for reception. Form 3.
(1)6.—(1.) A reception order, if the same appears to be in conformity with this Act, shall be sufficient authority for the petitioner or any person authorised by him to take the lunatic and convey him to the place mentioned in such order and for his reception and detention therein, and the order may be acted on without further evidence of the signature or of the jurisdiction of the person making the order.
(2) (2.) The order, together with the petition, statement of particulars, and medical certificates upon which the order was made, shall be delivered or sent by post to the person on whose petition the order was made, and shall by him or his agent be delivered to the superintendent or proprietor of the asylum, hospital, or licensed house in which, or to the person by whom, the lunatic is to be received.
(3) (3.) A reception order shall not continue in force unless the lunatic has been taken or received thereunder before the expiration of seven clear days from its date.
7 Certain provisions of Lunacy Acts applied and excepted.
(1)7.—(1.) The person upon whose petition a reception order has been made shall, with reference to the lunatic to whom the order relates, have and be subject to all such authorities, powers, obligations, and liabilities as are by the Lunacy Acts conferred or imposed upon the person signing an order for the reception of a lunatic not being a pauper.
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